엿보기 사회와 국가권력

기업과 정부는 같은 정보 수집 분석 기술을 사용합니다. 다만 사용하는 목적이 다를 뿐입니다. 기업은 정보를 수집하고 분석하여 고객의 취향을 보다 잘 파악하여 그에 맞는 상품 또는 서비스를 제공하거나, 구매를 자극하기 위하여 사용합니다. 정부는 같은 기술을 사용하여 정보를 수집하고 분석하되 시민을 감시하고 관찰하여 통제하는데 사용합니다. 상업화라는 목적으로 기술이 발전하고 정부는 발전된 기술에 올라탑니다. 정부 권력의 한계를 정한 헌법을 기술의 도입과 발전에 맞추어 적극적으로 해석할 필요가 있습니다. 헌법이 만들어질 당시에는 인터넷이 없었으므로 인터넷으로 인하여 변화된 사회상을 반영하지 않으면, 효과적으로 시민의 권리를 보호할 수 없기 때문입니다. 예를 들어 개인의 집 등 장소를 중심으로 사생활을 보호하던 체계는, 수많은 개인에 대한 정보가 디지털화 되어 전송됨으로써 개인의 집을 벗어나 보관되는 현실에서는 한계를 가집니다. 더 이상 데이터를 보관하는 장소를 지키는 기업이 데이터의 실질적인 이해관계를 가지는 개인의 이익을 적극적으로 보호해 준다는 보장이 없기 때문입니다.

• Hiawatha Bray, GPS spying may prove irresistible to police, Boston.com, January 17, 2005
  • there was no search or seizure and no Fourth Amendment implications in the use of the GPS device.

• 장혜수, 임동원·신건씨 영장 "장기간 걸쳐 조직적 불법 도청", 중앙일보, 2005. 11. 15.
  • 유선중계통신망 감청장비(R-2)가 막 개발된 시점에 도청 대상자의 전화번호를 대량으로 입력해 본격 사용했고, 주요 현안에 대한 첩보 수집을 지시하는 등 적극 관여한 사례가 확인됐다. 또 이동식 휴대전화 감청장비(CAS)를 개발해 본격 사용

• Associated Press, Swiss police spy marijuana field with Google Earth, Business Week, January 29, 2009
  • Swiss police said Thursday they stumbled across a large marijuana plantation while using Google Earth, the search engine company’s satellite mapping software.

• 김지연, 국정원 인터넷회선 패킷 감청 의혹제기, 아이뉴스24, 2009년 08월 31
  • 유선인터넷 사용기록(방문사이트)까지 도·감청 당했음을 알게 됐다고 밝혔다.

• 성연철, 이유주현, 국정원, 인터넷 ‘패킷 감청’ 장비 31대 보유, 한겨례, 2009-11-17
  • 국정원은 1998년 패킷 감청 장비를 처음 도입했고, 현재 모두 31대를 보유하고 있는 것

• Declan McCullagh & Elinor Mills, Feds take porn fight to Google, C|Net News.com, January 19, 2006
  • a “random sampling” of 1 million Internet addresses.. and a random sampling of 1 million search queries submitted to Google over a one-week period.

• Declan McCullagh, FAQ: What does the Google subpoena mean?, C|Net News.com, January 20, 2006
  • search engine companies are collecting too much information about their users

• Reuters, Privacy experts condemn Google subpoena, C|Net News.com, January 20, 2006
  • the case was a wake-up call to all Internet users that information was being collected on them all the time and was stored indefinitely.

• Katie Hafner & Matt Richtel, Google Resists U.S. Subpoena of Search Data, New York Times, January 20, 2006
  • By asserting its power over search engines, using threats of force, the government can directly affect what the Internet experience is.

• Katie Hafner, After Subpoenas, Internet Searches Give Some Pause, January 25, 2006
  • Would Google have to inform the government that she was looking for a rent boy – a young male prostitute?

• David Hambling, Special Forces' Gigapixel Flying Spy Sees All, Wired, February 12, 2009
  • It will give them an unprecedented ability to track everything on the ground in real time.

• Joshua L. Simmons, Buying You: The Government's Use of Fourth-Parties to Launder Data about 'The People', Columbia Business Law Review, Vol. 2009, No. 3, p. 950
  • They are in the business of acquiring information, not from the information’s originator (the first-party), nor from the information’s anticipated recipient (the second-party), but from the unavoidable digital intermediaries that transmit and store the information (third-parties).

• Eric Lichtblau, Error Gave F.B.I. Unauthorized Access to E-Mail, New York Times, February 16, 2008
  • the provider had mistakenly set its filtering equipment

• Lara Jakes Jordan, More FBI Privacy Violations Confirmed, The Associated Press, Mar 6, 2008
  • the FBI demanded personal records without official authorization or otherwise collected more data than allowed

• Ryan Singel, FBI Tried to Cover Patriot Act Abuses With Flawed, Retroactive Subpoenas, Audit Finds, blog.wired.com, March 13, 2008
  • The letters are related to still-secret contracts the FBI’s Communication Analysis Unit has with AT&T, Verizon and MC

• Lisa Rein, Md. Police Put Activists' Names On Terror Lists, Washington Post, October 8, 2008
  • partly because the software offered limited options for classifying entries.

• Lisa Rein, Police Listed Gay Rights Group Among Terrorists, Washington Post, January 23, 2009

• Brian Ross, Vic Walter, and Anna Schecter, Inside Account of U.S. Eavesdropping on Americans, ABC News, October 9, 2008
  • hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home

• Tristana Moore, Deutsche Bahn shaken by spying scandal, BBC News, February 13, 2009
  • Screening the private data of employees and comparing this with the data of supplier companies

• Declan McCullagh, Bill proposes ISPs, Wi-Fi keep logs for police, CNet News, February 19, 2009
  • all Internet providers and operators of millions of Wi-Fi access points, even hotels, local coffee shops, and home users..for two years..

• Yvonne Singh, Why are we fingerprinting children?, The Guardian, March 7, 2009
  • this drive towards fingerprinting children coincides with the government's keenness to expand the national DNA database

• Nicole Kobie, Government looks to ISPs as it cuts comms database plan, IT Pro, April 27, 2009
  • Officials from dozens of departments and quangos could know what you read online, and who all your friends are, who you emailed, when, and where you were when you did so - all without a warrant.

• Susan Candiotti & Nicole Bliman, School District Accused of Remotely-Activating Webcam to Investigate Students, CNN, February 22, 2010
  • it would use the built-in security feature to take over the laptop and see whatever was in the webcam's field of vision,

• Kim Zetter, Military Monitored Planned Parenthood, Supremacists, Wired, Feb 25, 2010
  • military intelligence is not allowed to collect and disseminate information on U.S. persons unless the information constitutes “foreign intelligence.”

• Jaikumar Vijayan, DOJ seeks mandatory data retention requirement for ISPs, Computerworld, January 25, 2011
  • an Internet user's every move could potentially be recorded will have a chilling effect on free speech and anonymous speech

• Grant Gross, FBI: Web-based services hurting wiretapping efforts, Computerworld, February 17, 2011
  • Adding wiretapping capabilities to Web-based services “will actually change the structure of the Internet

• Ryan Singal, FBI pushes for surveillance backdoors in Web 2.0 tools, Ars Technica, February 18, 2011
  • the communications system will be subverted either by trusted insiders or skilled outsiders,

• Angela Moscaritolo, Education Dept. proposes new privacy, data sharing rules, SC Magazine, April 8, 2011
  • he proposed changes would allow states to share data with other districts to measure the effectiveness of school programs.

• David Meyer, Ripa changes call for consent before snooping, ZDNet UK, April 20, 2011
  • Companies engaged in commercial interception will now offer a defence of unintentional interception for a minimal fine.

• Jacqui Cheng, FBI child porn raid a strong argument for locking down WiFi networks, Ars Technica, April 25, 2011
  • ..raided by the FBI or police after their wireless networks were allegedly used to download child pornography.

• Dan Goodin, TomTom sorry for giving customer driving data to cops, The Register, April 27, 2011
  • supplying driving data collected from customers to police

• Dan Kaplan, Requiring ISPs to retain user logs, SC Magazine, March 1, 2011
  • The Department of Justice (DoJ), with likely blessing from the new Republican majority, is pushing for a law mandating the retention of user data by internet service providers (ISPs).

• Declan McCullagh, Privacy dispute tests Obama's earlier promises, CNET, April 8, 2011
  • extending the probable cause requirement to cover law enforcement access to the contents of electronic communications and cell (location) information.”

• Elinor Mills, U.S. shutters botnet, can disable malware remotely, CNET, April 13, 2011
  • By seizing servers and domain names and getting permission to remotely turn off malware on compromised PC

• Frank La Rue, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Human Rights Council, 17 April, 2013
  • States are increasingly seeking to justify the use of new technologies within the ambits of old legal frameworks, without recognizing that the expanded capabilities they now possess go far beyond what such frameworks envisaged.

• Peter Cohan, Project Chess: How U.S. Snoops On Your Skype, Forbes, Jun 20, 2013
  • Skype began Project Chess, “to explore the legal and technical issues in making Skype calls readily available to intelligence agencies and law enforcement officials

• JAMES GLANZ, JEFF LARSON, ANDREW W. LEHREN, Spy Agencies Tap Data Streaming From Phone Apps, The New York Times, JAN. 27, 2014
  • With each new generation of mobile phone technology, ever greater amounts of personal data pour onto networks where spies can pick it up.

• SFLC.in and World Wide Web Foundation, India's Surveillance State, September 2014.
  • license agreements entered into between Indian communications service providers and the Department of Telecommunications contain clauses that mandate inter alia, the installation of unspecified surveillance equipment into communication networks..

• Leon Neyfakh, The Future of Getting Arrested , The Atlantic, January/February 2015 Issue
  • We’re approaching a world where it’s becoming technologically possible to ensure 100 percent compliance with a lot of laws

• 최혜정, 역대 국정원, 도·감청 사례 보니…, 한겨례, 2015. 7. 10.
  • “국정원은 국회 정보위원회에 모든 활동을 보고한다고 주장하고 있지만, 제대로 된 국회의 통제를 받고 있지 않다”

• Andrei Soldatov and Irinia Borogan, Inside the Red Web: Russia's back door onto the internetextract, The Guardian, September 8, 2015
  • the procedure would not hinder the way the surveillance was technically organized.

• European Court of Human Rights, Grand Chamber, Zakharov v. Russia, No. 47143/06, December 4 2015
  • The Court concludes that Russian legal provisions governing interceptions of communications do not provide for adequate and effective guarantees against arbitrariness and the risk of abuse which is inherent in any system of secret surveillance, and which is particularly high in a system where the secret services and the police have direct access, by technical means, to all mobile telephone communications.

• Kim Zetter, NSA Hacker Chief Explains How to Keep Him Out of Your System, Wired, January 28, 2016
  • You’d be surprised about the things that are running on a network vs. the things that you think are supposed to be there.

• Cyrus Farivar, Baltimore police accused of illegal mobile spectrum use with stingrays, Aug 16, 2016
  • because stingrays, or cell-site simulators, act as fake cell towers, that law enforcement agencies lack the spectrum licenses to be able to broadcast at the relevant frequencies.

• Laura Mallonee, Photos of the Submarine Internet Cables the NSA Probably Tapped, Wired, 09.20.2016.
  • Artist Trevor Paglen reveals some of those cables in a recent series, offering a visual reminder of how vulnerable your data is, and how easily it is accessed.

• Charlie Savage and Nicole Perlroth, Yahoo Said to Have Aided U.S. Email Surveillance by Adapting Spam Filter, The New York Times, OCT. 5, 2016
  • There is no engineering limitation preventing technology companies from using their spam and child pornography filtering systems to search email traffic for other sorts of digital signatures,

• Matt Cagle, Facebook, Instagram, and Twitter Provided Data Access for a Surveillance Product Marketed to Target Activists of Color, ACLU, October 11, 2016
  • Because Geofeedia obtained this access to Twitter, Facebook and Instagram as a developer, it could access a flow of data that would otherwise require an individual to “scrape” user data off of the services in an automated fashion that is prohibited by the terms of service

• 임기창 "아동음란물 뿌리 뽑자" 경찰, 자동검색시스템 본격운영, 연합뉴스, 2016. 10. 24.
  • 온라인상 아동 음란물 정보를 자동 수집·분석하는 '아동 음란물 프로파일링 시스템'을 운영한다

• 박성우, 대통령도 고개 숙이게 만든 디지털 흔적의 비밀, 조선일보, 2016.10. 28
  • 정보기술(IT)이 고도화될수록 메타데이터 종류와 수가 늘면서 디지털 포렌식과 같은 첨단과학 수사의 활용이 늘어날 것

• Maryam Shah, Government greater threat to privacy, report claims, Toronto Sun, November 08, 2016
  • The first way to increase privacy is to demand greater transparency from the government, and the second is to not have the government limit our control over our sharing of information.”

• Chris Baraniuk, Florida court says iPhone passcode must be revealed, BBC, 13 December 2016
  • a defendant could be made to surrender a key to a strongbox containing incriminating documents but they could not “be compelled to reveal the combination to his wall safe”.

• Cade Metz, Uncle Sam Wants Your Deep Neural Networks, The New York Times, JUNE 22, 2017
  • On Thursday, the department, working with Google, introduced a $1.5 million contest to build computer algorithms that can automatically identify concealed items in images captured by checkpoint body scanners.

• Mark Townsend & Paul Harris, Security role for traffic cameras, Guardian, February 9, 2003
  • This is where we are told that a system is being set up and used for a certain purpose and then we find out it is being used for another totally different one.

• Met given real time c-charge data, BBC News, July 17, 2008
  • Although charges are only in force at peak times, the system runs 24 hours a day,

• Photo Ticket Cameras to Track Drivers Nationwide, TheNewspaper.com, September 16, 2008
  • Private companies in the US are hoping to use red light cameras and speed cameras as the basis for a nationwide surveillance network similar to one that will be active next year in the UK.

• Karen Ann Cullotta, Chicago Links Street Cameras to Its 911 Network, New York Times, February 20, 2009.
  • We can now immediately take a look at the crime scene if the 911 caller is in a location within 150 feet of one of our surveillance cameras,

• Rajini Vaidyanathan, CCTV cars snap distracted drivers, BBC News, April 11, 2009
  • CCTV enforcement lacks connection with the driver until after the event

• Cory Doctorow, Traffic cameras used to harass and limit movement of peaceful protestors, BoingBoing, November 21, 2009
  • any police officer can add any license number to the database of “people of interest” and every time that license plate passes a camera, the local police force will receive an urgent alert, and can pull over the car, detain the driver, and search the car and its passengers under the Terrorism Act.

• Robert Marchant, License plate readers a great tool for cops; concern for privacy advocates, greenwich time, October 30, 2016
  • It’s a completely unregulated technology - much like many developing police technologies.”

• 정지용, 경찰, 교통CCTV 조작해 세월호 집회 감시했다, 한국일보,Jun 11, 2014

* 경찰은 이날 오후 5시부터 5시간 정도 최소 10회 이상 줌인-아웃을 하며 집회 참가자 50여명을 쫓아다녔다.

• 오길영, "통신데이터 남용의 실태와 그 쟁점“, 민주법학 제55호, 2014.7, 119-151쪽.
  • 모든 개인의 모든 전자통신 수단과 트래픽 정보를 어떠한 구별이나 제한 또는 예외가 없이 중대범죄 와의 전쟁이라는 목표 하에서 다루도록 하고 있다는 점, 그러한 침해를 정당화할 만큼 심각한 위법행위에 대해서만 데이터를 접근 사용한다는 것을 보장하는 객관적인 기준을 가지고 있지 않다는 점, 데이터의 보관기간의 설정이 꼭 필요한 경우로 한정되기 위한 객관적인 기준을 마련하고 있지 않다는 점

• 이진규, 수사기관 기지국내 통화내역 수집 ‘기지국 수사’ 논란, 아시아투데이, 2014. 9. 9.
  • 기지국 수사란 검찰과 경찰 등 수사기관이 법원의 허가를 받아 특정 시간대의 특정 기지국에서 발신된 모든 가입자의 통화내역과 위치정보 등 통신사실 확인자료를 통신사로부터 제공받는 수사방식

• 정강현 등, 카톡 "감청 영장 응하지 않겠다" 검찰 "공무집행 방해”, 중앙일보, 2014. 10. 14.
  • “감청은 실시간으로 오가는 대화를 수집하는 것인데 다음카카오에는 실시간 감청을 할 기술도 설비도 없다”며 “감청 자체를 할 수 없기 때문에 영장에 응할 수 없다는 뜻”

• 대법원 2015. 2. 12. 선고 2011다76617 판결
  • 전기통신 이용자를 포함한 외부에 대하여 통신사실 확인자료 제공 사항을 공개·누설하지 말아야 할 의무를 계속하여 부담하므로, 이용자의 공개 요구에도 응할 의무가 없(고), 이용자의 이메일 압수·수색 사항의 열람·제공 요구에 응할 의무가 없다.

• 권오성, 방통위, 위치정보 본인 동의없이 기업이 사용케 해 논란, 한겨례, 2016. 1. 12.
  • 방통위와 한국인터넷진흥원이 통신사 등과 협업해 전국의 와이파이 데이터베이스(DB)를 구축함으로써 쉽게 위치정보를 파악하겠다는 내용

• 손가영, “공문 한 장으로 기지국 통째로 털었을 가능성”, 미디어 오늘, 2016. 3. 22.
  • 수사기관이 집회 참가자 신원파악을 위해 통신자료를 이용한 것으로 의심되며, 통신사찰의 분량과 분포를 볼 때 특정 기지국을 통해 송수신된 통신자료 전반을 들춰본 것 아니냐는 의문도 제기된다

• 이광철, 국가정보원의 '패킷감청'에 대한 헌법소원심판청구, 2016.3.29.
  • 패킷감청에 있어 포괄금지원칙은 사실상 아무런 의미가 없습니다. 또한 일반금지 원칙도 형해화됩니다. 이 속에서 수사의 필요성과의 비례성의 원칙은 어떤 경우에도 지켜질 수 없게 됩니다.

• Joe Palazzolo, No Warrant Required for Phone Location Records, Court Rules, The Wall Street Journal, Apr 13, 2016
  • Cell-site datalike mailing addresses, phone numbers, and IP addressesare information that facilitate personal communications, rather than part of the content of those communications themselves

• Jenna McLaughlin, Appeals Court Delivers Devastating Blow to Cellphone-Privacy Advocates, The Intercept, 2016-05-31
  • The 4th Circuit Court of Appeals upheld what is known as the third-party doctrine:

• Kate Conger, Microsoft triumphs in warrant case against U.S. Government, TechCrunch, Jul 14, 2016
  • Microsoft is not required to comply with a warrant for the users’ emails if the data is not stored within the U.S.

• 박희진, 수사기관의 권한남용 지적…"통신자료도 법원허가 받아야", 뉴스1, 2016. 10. 11.

• 김민경, 김재섭, ‘카톡 감청’ 사실상 불가능해진다…대법 “서버 대화 수집은 위법”, 한겨례신문, 2016. 10. 13.
  • 통신제한조치(감청) 집행을 위탁받은 카카오가 3~7일마다 정기적으로 서버에 저장된 대화내용을 추출해 수사기관에 제공한 것은 위법

• 고현실, "작년 양대 포털서 압수수색된 통신정보 100만명 넘어", 연합뉴스, 2016. 10. 27.
  • 전체 통신업계를 기준으로 약 300만 명의 인터넷 이용자 계정, 1천만 명에 달하는 전체 통신 사용자의 정보가 압수수색이 된 것으로 추정

• 대법원 2016. 3. 10. 선고 2012다105482 판결
  • 전기통신사업법 제54조 제3항에서 수사기관의 요청에 의하여 전기통신사업자가 제공할 수 있는 이용자의 통신자료는 그 이용자의 인적 사항에 관한 정보로서, 이는 주로 수사의 초기단계에서 범죄의 피의자와 피해자를 특정하기 위하여 가장 기초적이고 신속하게 확인하여야 할 정보에 해당하는데, 위 규정에 의한 전기통신사업자의 통신자료 제공으로 범죄에 대한 신속한 대처 등 중요한 공익을 달성할 수 있음에 비하여, 통신자료가 제공됨으로써 제한되는 사익은 해당 이용자의 인적 사항에 한정된다.

• Kevin Poulsen, FBI’s Secret Spyware Tracks Down Teen Who Made Bomb Threats, Wired, 07.18.07.
  • The court filing offers the first public glimpse into the bureau's long-suspected spyware capability, in which the FBI adopts techniques more common to online criminals.

• 전현욱, 윤지영, 디지털 증거 확보를 위한 수사상 온라인 수색제도 도입방안에 대한 연구, 한국형사정책연구원, 2012. 10.
  • 정보가 압호화 되어 있..(는 경우) 압수한 정보의 암호를 해독하여 내용을 인지할 수 있도록 하는 등 정보관리자의 협조를 강제로 확보할 수 있는 절차가 필요..
  • 수사기관이 트로이 목마와 같은 수법을 이용하여 피의자 등의 컴퓨터에 성공적으로 스파이 웨어를 설치할 수만 있다면, 현대 정보화 사회에서 매우 효과적인 범죄 투쟁수단으로 이용될 수 있을 것이다.
  • 디지털 증거는 기존의 유체물 증거에 비해서는삭제나 변조가 쉽고, 네트웍을 통해 장소적 이동이 용이한 특징을 가지나 반대로 아날로그 통신에 비해서는 보존석이나 장소적 고정성이 높은 특성을 지니는 제3의 증거방법으로 보아야 한다.

• Julia Angwin, Jeff Larson, The NSA Revelations All in One Chart, ProPublica, June 30, 2014
  • This is a plot of the NSA programs revealed in the past year according to whether they are bulk or targeted, and whether the targets of surveillance are foreign or domestic.

• Kevin Poulsen, Visit the Wrong Website, and the FBI Could End Up in Your Computer, Wired, 08.05.14.
  • For the last two years, the FBI has been quietly experimenting with drive-by hacks as a solution to one of law enforcement’s knottiest Internet problems: how to identify and prosecute users of criminal websites hiding behind the powerful Tor anonymity system.

• Devlin Barrett & Danny Yadron, New Level of Smartphone Encryption Alarms Law Enforcement, Wall Street Journal, September 22, 2014
  • Apple said its new iOS 8 mobile-operating system will by default encrypt certain data on the phone if users set a passcode

• Tim Cushing, New York's Top Prosecutor Says We Need New Laws To Fight iPhone/Android Encryption, Techdirt, January 13, 2015
  • There's no good reason why millions of people's data and communications should be made less secure just to make capturing criminals

• Micah Lee, Secret ‘BADASS’ Intelligence Program Spied on Smartphones, The Intercept, January 26, 2015
  • intelligence agents applied BADASS software filters to streams of intercepted internet traffic, plucking from that traffic unencrypted uploads from smartphones to servers run by advertising and analytics companies.

• Dan Goodin, Lawyer representing whistle blowers finds malware on drive supplied by cops, Ars Technica, April 14, 2015
  • The hard drive was provided last year by the Fort Smith Police Department to North Little Rock attorney Matt Campbell in response to a discovery

• David Kaye, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Human Rights Council, 22 May 2015
  • Restrictions on encryption and anonymity…must meet the well-known three-part test: any limitation on expression must be provided for by law; may only be imposed for legitimate grounds; and must conform to the strict tests of necessity and proportionality.

• 박태우, 이경미, ‘카카오톡 보안 뚫겠다’…‘열쇠’ 만드는 수사기관, 한겨례, 2015. 6. 22.
  • 검찰은 개인과 기업이 많이 사용하는 주요 메신저 앱 4개의 데이터 암호화를 깨는 연구용역을 지난달 발주했다…아이폰 보안구조 파악을 위해 연구용역을 발주했다.

• Nicole Perlroth, Security Experts Oppose Government Access to Encrypted Communication, JULY 7, 2015
  • any effort to give the government “exceptional access” to encrypted communications was technically unfeasible and would leave confidential data and critical infrastructure like banks and the power grid at risk.

• Danny Yadron, Moxie Marlinspike: The Coder Who Encrypted Your Texts, Wall Street Journal, July 9, 2015
  • His latest app, Signal, promises users secure text messages and voice calls

• 정유경, 당신이 궁금했던 ‘국정원 해킹사건’ 핵심만 추렸습니다,한겨례, 2015-07-16
  • 이병호 국정원장은 이날 “북한 해킹을 대비하기 위한 연구용이고 시민들을 대상으로 한 적은 결코 없다

• 박창규, 해킹기록 삭제 불가?… 국정원 미숙한 해명이 불신 키워, 동아일보,2015. 7. 23.
  • 이번 ‘해킹팀’의 정보 유출에도 불구하고 해외 정보기관들이 논란의 소용돌이에 빠져들지 않는 것은 이들의 첩보 활동이 확실한 프로세스에 따라 진행된다는 신뢰가 있기 때문

• Danny Yadron, Former Heads of Homeland Security, NSA Back Encryption, The Wall Street Journal, July 29, 2015
  • “History teaches that the fear that ubiquitous encryption will cause our security to go dark is overblown,

• Grant Gross, "DOJ calls for encryption balance that includes law enforcement needs, CIO, August 12, 2015
  • It’s possible for companies to design their encryption systems to allow law enforcement agencies to access customer data with court-ordered warrants while still offering solid security, U.S. Department of Justice officials said.

• Julia Sklar, Policing sex trafficking in the digital age, MIT News, August 18, 2015
  • efforts to police things like potential trafficking of children can affect a huge population immediately.

• Matt Apuzzo, David E. Sanger and Michael S. Schmidt, Apple and Other Tech Companies Tangle With U.S. Over Data Access, New York Times, SEPT. 7, 2015
  • The conflicts with Apple and Microsoft reflect heightened corporate resistance, in the post-Edward J. Snowden era, by American technology companies intent on demonstrating that they are trying to protect customer information.

• Ellen Nakashima, Meet the woman in charge of the FBI’s most controversial high-tech tools, The Washington Post, December 8, 2015
  • “What is the greater good to be able to identify a person who is threatening public safety?” Or to alert software makers to bugs that, if unpatched, could leave consumers vulnerable?

• Iain Thomson, Brit spies can legally hack PCs and phones, say Brit spies' overseers, The Register. February 12, 2016
  • about 20 per cent of the reports produced by the agency use material obtained by hacking.

• Joseph Cox, The FBI's 'Unprecedented' Hacking Campaign Targeted Over a Thousand Computers, Motherboard, January 5, 2016
  • unlike previous dark web sites that have been shuttered by law enforcement. Instead, the FBI ran Playpen from its own servers in Newington, Virginia

• Glyn Moody, Dutch government: Encryption good, backdoors bad: Will also provide a grant of $537,000 to support the OpenSSL project, Ars Technica, January 6, 2016.
  • orcing companies to add backdoors to their products and services would have “undesirable consequences for the security of communicated and stored information

• Kieren McCarthy, For fsck's SAKKE: GCHQ-built phone voice encryption has massive backdoor researcher, The Register, January 19, 2016
  • Murdoch uses the EFF's scorecard as a way of measuring the security of MIKEY-SAKKE

• Joshua Kopstein, Confused Judge Says You Have No Expectation of Privacy When Using Tor, Motherboard, February 1, 2016
  • because a user has to give their IP address to their Internet Service Provider to connect to the Tor network.

• Matt Apuzzo, WhatsApp Encryption Said to Stymie Wiretap Order, The New York Times, MARCH 12, 2016
  • the company has been adding encryption to those conversations, making it impossible for the Justice Department to read or eavesdrop, even with a judge’s wiretap order.

• David Murphy, Federal Judge Orders Woman to Unlock iPhone with Finger, , PC Magazine, May 1, 2016
  • mostly centered on whether pressing one's finger on a device could be considered self-incriminating.

• Kim Zetter, So … Now the Government Wants to Hack Cybercrime Victims, Wired, 05.04.2016.
  • The government doesn’t say what it means by “remote search” in its proposed amendments, raising concern that it could encompass a wide variety of hacking techniques

• Benjamin Weiser, D.E.A. Needed Warrant to Track Suspect’s Phone, Judge Says, New York Times, July 12, 2016
  • the use of the cell-site simulator to obtain more precise information about the target phone’s location was not contemplated by the original warrant application.

• Andrew Crocker, What to Do About Lawless Government Hacking and the Weakening of Digital Security, EFF, August 1, 2016
  • When a government takes a step to create, acquire, stockpile or exploit weaknesses in digital security, it risks making us all less safe by failing to bolster that security.

• Joe Mullin, FBI chief Comey: “We have never had absolute privacy”, Ars Technica, Aug 9, 2016l
  • 3.1 million cell phones were stolen in the US in 2013 with huge amounts of personal information on them. ”

• James Vincent, After Apple offers $200,000 for iPhone hacks, a private firm offers $500,000, The Verge, Aug 10, 2016,
  • customers of Exodus Intelligence pay annual subscriptions starting at $200,000 for access to the firm's database of exploits, with Exodus selling …to clients who want to find their way into protected systems including government agencies.

• Paul Szoldra, The NSA cyber-weapon auction is a total smokescreen here's what's really going on, Business Insider, Aug. 17, 2016
  • exploits are bought and sold on the black market for hundreds of thousands and sometimes millions of dollars, in private.

• Sam Biddle, The NSA Leak Is Real, Snowden Documents Confirm, the intercept, August 19, 2016
  • SECONDDATE is a tool designed to intercept web requests and redirect browsers on target computers to an NSA web server. That server, in turn, is designed to infect them with malware.

• Paul Szoldra, Inside 'Pegasus,' the impossible-to-detect software that hacks your iPhone, businessinsider, Aug. 26, 2016
  • It’s a continuous game of cat and mouse

• Nicole Perlroth, How Spy Tech Firms Let Governments See Everything on a Smartphone, New York Times, September 2, 2016
  • the NSO Group prices its surveillance tools by the number of targets, starting with a flat $500,000 installation fee

• Bill Budington and Andrew Crocker, NSA’s Failure to Report Shadow Broker Vulnerabilities Underscores Need for Oversight, eff.org, September 23, 2016
  • We think the government should be far more transparent about its vulnerabilities policy

• Orin Kerr, Government ‘hacking’ and the Playpen search warrant, The Washington Post, September 27, 2016
  • According to the Playpen warrant, when a visitor logged in to the site with a username and password, the NIT would be secretly installed on the visitor’s personal computer. The NIT would then send the government identifying information about the user’s computer, most importantly the computer’s true IP address from inside the user’s machine.

• 김성환,박재현, 인터넷 암시장 ‘다크넷’…한국도 위험하다, 한국일보, 2016. 10.
  • FBI는 지난해 2월 아동음란물 P사이트를 압수해 접속자 137명을 기소

• Laura Hautala, Trump presidency fuels heated encryption debate, CNET, November 17, 2016
  • Too many law enforcement advocates act like there must be a technical compromise that experts just are too stubborn to find. But that's not the case, because encryption is based on hard math, not compromises..

• Joseph Cox, US State Police Have Spent Millions on Israeli Phone Cracking Tech, Motherboard, December 21, 2016
  • According to a spreadsheet detailing what models of phones Cellebrite can handle, the UFED can extract data from thousands of different mobile devices. It can’t, however, extract the passcode on the iPhone 4s or above.

• MATTATHIAS SCHWARTZ, Cyberwar for Sale, The New York Times, JAN. 4, 2017
  • with the rise of private firms like Hacking Team, penetrating the email accounts of political opponents does not require the kind of money and expertise available to major powers.

• 이경탁, 정부 차원 `인터넷 암시장 다크웹` 차단 추진, 디지털 타임즈, 2017-02-14
  • 정부는 다크웹 내 범죄정보를 색인해 검색하고 토르, 프리넷(freenet), I2P 등 다크웹 브라우저 및 프로토콜과 다크웹 내 유통되는 암호화폐 분석을 통해 범죄자 정보를 프로파일링할 수 있는 기술을 개발한다.

• Vault 7: CIA Hacking Tools Revealed, wikileaks, 7 March 2017
  • “Year Zero” introduces the scope and direction of the CIA's global covert hacking program, its malware arsenal and dozens of “zero day” weaponized exploits against a wide range of U.S. and European company products, include Apple's iPhone, Google's Android and Microsoft's Windows and even Samsung TVs, which are turned into covert microphones.

• THE ASSOCIATED PRESS, What the CIA WikiLeaks Dump Tells Us: Encryption Works, The New York Times, MARCH 11, 2017
  • Seeing the CIA have to do stuff like this should reassure civil libertarians that the situation is better now than it was four years ago.

• SCOTT SHANE, DAVID E. SANGER and VINDU GOEL, WikiLeaks Will Help Tech Companies Fix Security Flaws, Assange Says, The New York Times, MARCH 9, 2017
  • A new RAND Corporation study concludes that these “zero day” exploits, and the vulnerabilities they are based on, last longer than most thought. It found that the average vulnerability had a “life expectancy” of 6.9 years before it became useless to hackers.

• Katie Benner, Apple Chief Calls Court Order to Unlock iPhone ‘Unprecedented Step’, New York Times, February 17, 2016
  • technology companies in the Internet age should be bound by the same rules as phone companies

• Bruce Schneier, Why you should side with Apple, not the FBI, in the San Bernardino iPhone case, the Washington Post, February 18, 2016
  • Either everyone gets security, or no one does.

• Jonathan Zdziarski, Apple, FBI, and the Burden of Forensic Methodology, blog page, February 18, 2016
  • Should Apple comply in providing a tool, it will inevitably end up abused and in the wrong hands.

• Mark Sullivan, These Are Apple’s Top 10 Legal Points In The iPhone Encryption Case, Fast Company, 2. 26. 2016
  • Law enforcement has for a few years been trying to persuade Congress to pass a law making it easier to demand “backdoor” access to devices. But it's failed.

• Russell Brandom, New York court rejects FBI argument for breaking iPhone lockscreen, The Verge, Feb 29, 2016
  • Magistrate Judge Orenstein found that the All Writs Act did not justify the government's request,

• Joe Nelson, Liset Márquez, Israeli company reported to be assisting FBI in San Bernardino iPhone case, The Sun, 3 . 23, 2016
  • It could have found a jailbreak, or what is is called “zero day..” Or the firm could use NAND mirroring which will attempt to trick the phone into forgetting the last few passcode attempts.

• Ellen Nakashima, FBI paid professional hackers one-time fee to crack San Bernardino iPhone, The Washington Post, April 12, 2016
  • The U.S. government now has to weigh whether to disclose the flaws to Apple, a decision that probably will be made by a White House-led group.

• 신한슬, 풀리지 않는 ‘잠금 해제’ 논란, 시사IN, 2016년 05월 12일
  • 모바일 기기의 보안 기능이 진화할수록, 그 취약점을 찾아내 ‘잠금 해제 서비스’를 판매하는 ‘시장’도 커지고 있는 것이다.

• James Risen & Eric Lichtblau, Bush Secretly Lifted Some Limits on Spying in U.S. After 9/11, Officials Say, New York Times, December 15, 2005
  • Under the special program, the agency monitors their international communications…for example..phone calls from someone in New York to Afghanistan.

• Dan Eggen, Bush Authorized Domestic Spying, Washington Post, December 16, 2005
  • monitoring domestic telephone conversations, e-mail and even fax communications of individuals identified by the NSA as having some connection to al Qaeda events or figures, or to potential terrorism-related activities in the United States

• Kelli Arena, Bush says he signed NSA wiretap order, CNN.com, December 17, 2005
  • Bush said such authorization is “fully consistent” with his “constitutional responsibilities and authorities.”

• CBS/AP, Bush Defends Domestic Spying, CBS News, January 1, 2006
  • tracks only incoming calls to the United States.

• Terry Frieden, Gonzales to testify on domestic spying, CNN.com, January 13, 2006
  • The White House has said Article II of the Constitution and a post-9/11 law allowing the president to use force against al Qaeda gave Bush license to circumvent the secret court and approve the program.

• ACLU, ACLU Sues to Stop Illegal Spying on Americans, Saying President Is Not Above the Law, ACLU.org, January 17, 2006
  • the Foreign Intelligence Surveillance Act and Title III of the federal criminal code, which are “the exclusive means by which electronic surveillance. . . and the interception of domestic wire, oral, and electronic communications may be conducted.”

• Asst. Attorney General William E. Moschella, DOJ Letter on Legal Authority for NSA Surveillance, December 22, 2005
  • This constitutional authority includes the authority to order warrantless foreign intelligence surveillance within the United States
  • the AUMF and FISA must be construed in harmony to avoid any potential conflict
  • Intercepting communications into and out of the United States of persons linked to al Qaeda in order to detect and prevent a catastrophic attack is clearly reasonable.

• Elizabeth B. Bazan & Jennifer K. Elsea, Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information, Congressional Research Service, January 5, 2006
  • to the extent that those surveilances fall with in the definition of “ electronic surveillance” within the meaning of FISA or any activity regulated under Title III, Congress intended to cover the entire field with these statutes.

• Law Professors and Former Government Officials, A Response to the Justice Department's Letter of December 22, 2005, January 9, 2006
  • congress did not implicitly authorize the NSA domestic spying program in the AUMF, and in fact expressly prohibited it in FISA

• ACLU, NSA Spying Complaint, January 17, 2006
  • Under the Program, the NSA accesses communications in at least three ways. First, the NSA uses NSA-ontrolled satellite dishes to access communications that are transmitted via satellite. ..Second, the NSA works with telecommunications companies to access communications that pass through switches controlled by these companies…Third, the NSA works with Internet providers and telecommunications companies to access communications transmitted over the Internet.

• Attorney General Alberto R. Gonzales, Legal Authorities Supporting the Activities of the National Security Agency Described by the President, DOJ White Paper, January 19, 2006
  • The AUMF places the President at the zenith of his powers in authorizing the NSA activities.

• Eric Lichtblau, Top Aide Defends Domestic Spying, New York Times, February 7, 2006
  • the president had the power to order the eavesdropping under both the Constitution and a Congressional resolution authorizing the use of force to fight terrorism.

• Sen. Patrick Leahy, Statement, U.S. Senate Judiciary Committee Hearing on Wartime Executive Power and the NSA's Surveillance Authority, February 6, 2006
  • The President's secret wiretapping program is not authorized by the Foreign Intelligence Surveillance Act
  • The Authorization for the Use of Military Force that Democratic and Republican lawmakers joined together to pass in the days immediately after the September 11 attacks did not give the President the authority to go around the FISA law to wiretap Americans illegally.

• Alberto Gonzales, Prepared Testimony, U.S. Senate Judiciary Committee Hearing on Wartime Executive Power and the NSA's Surveillance Authority, February 6, 2006
  • An open discussion of the operational details of this program would put the lives of Americans at risk.

• Alberto Gonzales, Response to Questions from Chairman Specter, February 6, 2006
  • FISA expressly contemplates that in a separate statute Congress may authorize electronic surveillance outside FISA procedures.

• A full transcript of the hearing, February 6, 2006

• CHARLIE SAVAGE and JONATHAN WEISMAN, N.S.A. Collection of Bulk Call Data Is Ruled Illegal, The New York Times, MAY 7, 2015
  • a provision of the U.S.A. Patriot Act, known as Section 215, cannot be legitimately interpreted to allow the bulk collection of domestic calling records.

• Ellen Nakashima, NSA’s bulk collection of Americans’ phone records ends Sunday, The Washington Post, November 27, 2015
  • Under the new law, the NSA must obtain a court order to receive records about phone numbers suspected of belonging to terrorist suspects.

• Paul Kane, Senate Authorizes Broad Expansion Of Surveillance Act, Washington Post, February 13, 2008
  • The most important change…would make permanent a law approved last August that expanded the government's authority to intercept – without a court order – the phone calls and e-mails of people in the United States communicating with others overseas.

• James Risen and Eric Lichtblau, Court Affirms Wiretapping Without Warrants, NY Times, January 15, 2009
  • telecommunications companies must cooperate with the government to intercept international phone calls and e-mail of American citizens suspected of being spies or terrorists

• Kim Zetter, NSA Whistleblower: Wiretaps Were Combined with Credit Card Records of U.S. Citizens, Wired, January 23, 2009
  • telecommunications companies must cooperate with the government to intercept international phone calls and e-mail of American citizens suspected of being spies or terrorists.eavesdropping on Americans believed to be agents of a foreign power “possesses characteristics that qualify it for such an exception.”

• Eric Lichtbau & James Risen, N.S.A.’s Intercepts Exceed Limits Set by Congress, NY Times, April 15, 2009
  • They sucked in everybody and at some point they may have cherry-picked from what they had

• David Kravets, Appeals court revives lawsuit challenging NSA surveillance of Americans, Wired.com, March 21, 2011
  • The plaintiffs have good reason to believe that their communications in particular, will fall within the scope of the broad surveillance that they can assume the government will conduct.

• Charlie Savage and Laura Poitras, How a Court Secretly Evolved, Extending U.S. Spies’ Reach, New York Times, MARCH 11, 2014
  • The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the N.S.A., the F.B.I. and the C.I.A. to share unfiltered personal information.

• Anne Flaherty, Social media companies fighting Senate surveillance bill, The Columbus Dispatch, July 27, 2015
  • that would require them to alert federal authorities of any terrorist activity

• Ellen Nakashima, How a federal spy case turned into a child pornography prosecution, Washington Post, April 5, 2016
  • his defense was hampered by an inability to obtain basic information about how the evidence was obtained and on what specific grounds the warrant was issued.

• Charlie Savage, Obama Administration Set to Expand Sharing of Data That NSA Intercepts, New York Times, February 25, 2016
  • the data comes from surveillance methods that lawmakers did not include in ..FISA.

• Justin Yu, Accessing your internet browsing history is FBI's top legislative priority, CNET, June 7, 2016
  • that would give the FBI a top-level view of “electronic communication transactional records” (ECTRs) without the need for a warrant in terrorism and spy cases.

• Natasha Lomas, U.K. Users’ Online Activity To Be Logged Under New Surveillance Law, TechCrunch,Nov 4, 2015
  • by requiring U.K. ISPs keep a log of all the websites visited by Internet users over the past 12 months.. Internet Connection Record(ICRs)

• Alan Travis, Mass snooping and more the measures in Theresa May's bill, The Guardian, November 4, 2015.
  • it also for the first time places a legal obligation on firms to assist with hacking warrants, including breaking into their own encrypted services.

• Natasha Lomas , UK surveillance bill includes powers to limit end-to-end encryption,TechCrunch, Jul 15, 2016
  • it can only be used to require a company to remove encryption where it is “reasonably practicable” for them to do so

• Rebecca Seales, The ‘Snoopers’ charter’ is coming here’s what that means for your privacy, iNews, August 21, 2016
  • the Bill will give police and spooks access to records tracking every British citizen’s use of the internet, without any judicial checks.

• DAVID ANDERSON Q.C. Independent Reviewer of Terrorism Legislation, REPORT OF THE BULK POWERS REVIEW, August 2016
  • some 60 detailed case studies provided by MI5, MI6 and GCHQ, together with associated intelligence reports

• Glyn Moody, Why the Investigatory Powers Act is a privacy disaster waiting to happen, Ars Technica, Nov 17, 2016
  • a single program will have access to all ICR databases, creating a tempting target for those wishing to gain access to the information stored in the UK's ICRs.

• Claude Barfield, The British “Snoopers Law”: Implications for the US and government surveillance worldwide, techpolicydaily, December 13, 2016
  • What worries US and other foreign firms is the potential spillover and repercussions in other countries.

• Charles Arthur, Charles Arthur ‘Blame the internet’ is just not a good enough response, Theresa May, theguardian, 4 June 2017
  • *The latter are by now becoming familiar with the process: there is an attack; the dots are joined to show how their services were used for tuition and/or planning; governments demand “action”; the companies improve their methods for removing extremist content; and we await the next cycle.

• Sam Schechner and William Horobin, France Expands Government’s Security Powers in Wake of Paris Attacks: Lower house extends state of emergency, Wall Street Journal, November 19, 2015.
  • Expansion of security powers has been a central element in the response to the attacks

• Zeke Turner, Germans Reconsider Tough Privacy Laws After Terrorist Attacks, The Wall Street Journal,Aug. 24, 2016
  • less than a week after terrorists attacked Paris, 56% of Germans said they were willing to accept some limitations on their privacy for the sake of increased security.

• 윤호우, 테러방지법은 어떻게 탄생했나, 경향신문, 2016. 2. 27.
  • 지난해 11월 13일 프랑스 파리에서 동시다발적으로 테러가 발생하면서 테러방지법 논의는 급물살을 탔다.

• 이재훈 , ‘테러방지법=국정원 권한 강화법’인 이유 5가지, 2016. 2. 29.

• 황준범, 국정원 15년 밀어붙인 테러방지법 끝내 통과, 한겨례, 2016. 3. 2.

• Glenn Greenwald, NSA collecting phone records of millions of Verizon customers daily, June 6, 2013
  • all call detail records or 'telephony metadata' created by Verizon for communications between the United States and abroad“ or “wholly within the United States, including local telephone calls”

• Glenn Greenwald and Ewen MacAskill, NSA Prism program taps in to user data of Apple, Google and others, June 7, 2013
  • the NSA is able to reach directly into the servers of the participating companies and obtain both stored communications as well as perform real-time collection on targeted users.

• Glenn Greenwald, Ewen MacAskill and Laura Poitras, Edward Snowden: the whistleblower behind the NSA surveillance revelations, June 11, 2013
  • I'm willing to sacrifice all of that because I can't in good conscience allow the US government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they're secretly building

• Mirren Gidda, Edward Snowden and the NSA files timeline, August 21, 2013

• Ewen Macaskill and Gabriel Dance, NSA Files:Decoded What the revelations mean for you, November 1, 2013

• Eben Moglen, Snowden And The Future, lectures at Columbia Law School, October 9-December 4, 2013

• Snowden Digital Surveillance Archive, Canadian Journalists for Free Expression (CJFE)

• Ellen Nakashima, Clarity Sought on Electronics Searches, Washington Post, February 7, 2008
  • In border searches, it regards a laptop the same as a suitcase.

• Helene Cooper and Michael N. Grynbaum, Passport Files of Three Candidates Breached, NY Times, March 21, 2008
  • likely to contain biographical information and passport applications.

• Chloe Albanesius, Judge: Customs May Search Laptops Without Warrants, PC Magazine, April 23, 2008
  • The court dismissed Arnold's “home” and “human mind” argument because “one cannot live in a laptop

• Declan McCullagh, Judge orders defendant to decrypt PGP-protected laptop, February 26, 2009, CNet News
  • Sebastien Boucher, who a border guard claims had child porn on his Alienware laptop, does not have a Fifth Amendment right to keep the files encrypted

• Graeme Hamilton, Guilty plea ends case that pitted cellphone privacy rights against border security powers, National Post, August 15, 2016
  • even if a search of a phone is justified because an officer has reasonable grounds to suspect it contains evidence that a crime has been committed, it is not clear the suspect can be compelled to provide a password.

• Eileen Sullivan, Feds to Collect DNA from Everyone they Arrest, Associated Press, April 16, 2008
  • The new regulation would mean that the federal government could store DNA samples of people who are not guilty of any crime

• BBC News, DNA database 'breach of rights, BBC News, Dec 4, 2008
  • No charge, no DNA

• Jennifer Sullivan, Controversial measure would require DNA sampling at arrest, The Seattle Times, February 4, 2009
  • More than a dozen states already allow law enforcement to collect DNA from suspects before they are convicted. Three more states, including Washington, are considering such proposals this year.

• Solomon Moore, F.B.I. and States Vastly Expand DNA Databases, April 18, 2009
  • The F.B.I., with a DNA database of 6.7 million profiles, expects to accelerate its growth rate from 80,000 new entries a year to 1.2 million by 2012

• 헌재 2014. 8. 28. 2011헌마28 등
  • 다수 : 이 사건 채취조항들에 의하여 제한되는 신체의 자유의 정도는 일상생활 중에서도 경험할 수 있는 정도의 미약한 것으로서 외상이나 생리적 기능의 저하를 수반하지 아니한다는 점에서, 범죄수사 및 범죄예방 등에 기여하고자 하는 공익에 비하여 크다고 할 수 없어 법익의 균형성도 인정된다
  • 소수 :이 사건 채취조항들은 행위자의 재범의 위험성 요건에 대하여 전혀 규정하지 않고 특정 범죄를 범한 수형인등에 대하여 획일적으로 디엔에이감식시료를 채취할 수 있게 한다는 점에서 침해최소성 원칙에 어긋나고, 재범의 위험성 요건에 관한 규정이 없는 이 사건 채취조항들로 인하여 받게 되는 수형인등의 불이익이 이 사건 채취조항들을 통해 달성하고자 하는 공익에 비해 결코 작지 아니하므로 법익균형성 원칙에도 어긋난다.

• Olmstead v. United States, 277 U.S. 438 (1928)
  • Small wires were inserted along the ordinary telephone wires from the residences of four of the petitioners and those leading from the chief office. The insertions were made without trespass upon any property of the defendants. They were made in the basement of the large office building. The taps from house lines were made in the streets near the houses…We think, therefore, that the wiretapping here disclosed did not amount to a search or seizure within the meaning of the Fourth Amendment.

• Katz v. United States, 389 U.S. 347 (1967)
  • telephone conversations, overheard by FBI agents who had attached an electronic listening and recording device to the outside of a public telephone booth from which he had placed his calls
  • the Fourth Amendment protects people, not places… What a person knowingly exposes to the public, even in his home or office, is not subject to Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.
  • concurrence: there is a twofold requirement, first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’

• United States v. Knotts, 460 U.S. 276 (1983)
  • Minnesota law enforcement officers arranged with the seller to place a beeper (a radio transmitter) inside a chloroform container.. Officers then followed the car in which the chloroform was placed..to respondent's secluded cabin in Wisconsin. Following three days of intermittent visual surveillance of the cabin, officers secured a search warrant and discovered..a drug laboratory in the cabin
  • Monitoring the beeper signals did not invade any legitimate expectation of privacy on respondent's part..A person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements. ot alter the situation.

• Kyllo v. United States, 533 U.S. 27 (2001)
  • the police had used a thermal imager to determine whether a suspect was growing marijuana in his home.
  • uses a device that is not in general public use, to explore the details of the home that would previously have been unknowable without physical intrusion, the surveillance is a ‘search’ and is presumptively unreasonable without a warrant.

• United States v. Jones, 565 U.S. _ (2012)
  • the attachment of a Global-Positioning-System (GPS) tracking device to an individual’s vehicle, and subsequent use of that device to monitor the vehicle’s movements on public streets,
  • The Government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a “search”

• Riley v. California, 573 U.S. _ (2014)
  • petitioner Riley was stopped for a traffic violation, which eventually led to his arrest on weapons charges. An officer searching Riley incident to the arrest seized a cell phone from Riley's pants pocket. The officer accessed information on the phone and noticed the repeated use of a term associated with a street gang. At the police station two hours later, a detective specializing in gangs further examined the phone's digital contents. Based in part on photographs and videos that the detective found, the State charged Riley in connection with a shooting that had occurred a few weeks earlier and sought an enhanced sentence based on Riley's gang membership.
  • the Court generally determines whether to exempt a given type of search from the warrant requirement “by assessing, on the one hand, the degree to which it intrudes upon an individual's privacy and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests.”… But a search of digital information on a cell phone does not further the government interests identified in Chimel, and implicates substantially greater individual privacy interests than a brief physical search.

• Kenneth K. Dort 외, United States v. Caira: Reasonable Expectations of (Data) Privacy in Digital World?, the National Law Review, September 6, 2016
  • The Seventh Circuit stated that Caira had voluntarily shared his IP address with a third party, namely Microsoft, when accessing his Hotmail account from his home computer. …But how can one define a “voluntary” disclosure in the digital universe, where such disclosures may be happening under the surface and without the explicit knowledge of or any affirmative action by the owner of that data?

• Samuel Warren and Louis Brandeis, “The Right to Privacy”, 4 Harvard Law Review 193 (1890)
  • Political, social, and economic changes entail the recognition of new rights

• Margot E. Kaminski, “Regulating Real-World Surveillance,” 90 Wash. L. Rev. 1113 (2015),
  • Using social psychologist Irwin Altman’s framework of “boundary management” as a jumping-off point, I conceptualize privacy harm as interference in an individual’s ability to dynamically manage disclosure and social boundaries. Stemming from this understanding of privacy, the government has two related interests in enacting laws prohibiting surveillance: an interest in providing notice so that an individual can adjust her behavior; and an interest in prohibiting surveillance to prevent undesirable behavioral shift

• Orin S. Kerr, An Equilibrium-Adjustment Theory of the Fourth Amendment, 125 HARV.L.REV. 476, 478 (2011)

• Cindy Cohn, Protecting the Fourth Amendment in the Information Age: A Response to Robert Litt, 126 Yale L.J. F. 107 (2016)
  • the necessary and proportionate principles consider the proportionality of the surveillance, including how many innocent or non-targeted people are affected, and its necessity, including whether other potentially less invasive means have been exhausted.

• Solove, Daniel, The Digital Person, edited by Daniel J Solove, NYU Press, 2004)
  • The problem is not simply a loss of control over personal information, nor is there a diabolical motive or plan for domination as with Big Brother. The problem is a bureaucratic process that is uncontrolled.